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FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 28

Section 202 substituted and new sections 202A, 202B and 202C inserted

For section 202 of the Principal Act substitute

        "     202     Manner of service

    (1)     Subject to subsection (2), if a document is required under this Act to be served on a person, the document must be served on the person—

        (a)     by giving a true copy of the document to the person personally; or

        (b)     if a court makes an order for alternative service under section 202A(1), in accordance with that order.

    (2)     Each of the following documents must be served on a person personally—

        (a)     a family violence safety notice;

        (b)     any document that is required under this Act to be served on a person who is a child.

        202A     Court may order alternative service

    (1)     A court may order that a document be served on a person other than personally by any means specified in the order, if satisfied that—

        (a)     service other than personal service—

              (i)     is likely to bring the document to the attention of the person to be served; and

              (ii)     will not pose an unacceptable risk to the safety of the affected family member, protected person or any other person; and

        (b)     it is appropriate in all the circumstances to make the order.

    (2)     The court may make an order for alternative service on the application of a party to the proceeding or on its own initiative.

    (3)     If the court makes an order for alternative service, the court may order that the document be taken to have been served—

        (a)     on the happening of any specified event; or

        (b)     on the expiry of any specified time.

        202B     Presumption as to effective service by post, electronic communication

    (1)     Subject to any order under section 202A(3), in the absence of evidence to the contrary, a document is taken to have been served under an order for alternative service—

        (a)     if the document is required to be served by prepaid post to an address, at the time at which the document would have been delivered in the ordinary course of post; or

        (b)         if the document is required to be served by registered post to an address, at the time at which the document would have been ordinarily delivered by registered post.

    (2)     Subsection (1) applies despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984 .

    (3)     If an order for alternative service requires that a document be served by electronic communication—

        (a)     the Electronic Transactions (Victoria) Act 2000 extends and applies to service of the document, whether or not the person to be served consented to information being given by means of an electronic communication, and as if the person had consented to service by electronic communication; and

        (b)     subject to any order under section 202A(3), in the absence of evidence to the contrary, the document is taken to have been served at the time of receipt referred to in section 13A of that Act.

Note

The Electronic Transactions (Victoria) Act 2000 provides that written information may be given to a person by means of electronic communication, with that person's consent. Sections 13A and 13B of that Act provide for time and place of receipt.

        202C     Substituted service

    (1)     If for any reason it is not possible to serve a document in the manner required by section 202, a court may make an order for substituted service so that, instead of service in accordance with section 202, such steps be taken as the court specifies for the purpose of bringing the document to the notice of the person to be served.

    (2)     An order under subsection (1) may not be made with respect to the service of a family violence safety notice.".



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